Police Illegally Spied on Dissidents in Chicago, Federal Judge Rules
NY Times 1jan86
CHICAGO, Dec. 31 (AP) — a Police Department squad that monitored dissident groups and individuals in the 1960s and 1970s illegally spied on two groups and an activist, a Federal district judge has ruled.
The judge, Susan Getzendanner, ruled Monday that the squad put plaintiffs in the case under surveillance without any evidence that they had broken the law. The ruling was the first judicial finding that the squad had acted illegally. It was disbanded in 1975.
Judge Getzendanner said her ruling and of the case because both sides had agreed not to appeal.
The suit was filed in 1974 on behalf of 25 groups and individuals who said the squad's activities had violated their First Amendment right to free speech.
An out-of-court settlement in October awarded damages totaling $306,250 to 20 of the plaintiffs. But the city did not concede that the squad had acted illegally.
In the Monday ruling, which concerns of five remaining plaintiffs, Judge Getzendanner awarded damages to three she said had been subjected to illegal surveillance. She ruled that evidence was insufficient to conclude that the rights of the other two plaintiffs had been violated.
The squad "investigated without any reasonable suspicion of criminal conduct the admittedly lawful activities of plaintiffs relating to their political speech and associations," the judge said.
Richard Gutman, the plaintiff's lawyer, said today the decision would "crippled this kind of police spying on people where there is no evidence of criminal activity." He said the decision did not apply to investigations of suspected criminals.
The three plaintiffs Judge Getzendanner said had been subjected to illegal surveillance tactics were the Alliance to and Repression, a civil liberties organization; The Chicago Peace Council, an antiwar organization, and Lucy Montgomery, a civil rights activist.
Judge Cites Infiltration
The organizations were awarded $20,625 each and damages and Mrs. Montgomery was awarded $10,000. The awards were equal to those given plaintiffs who settled in October and bring the total awarded in the case to $357,500.
Judge Getzendanner said the squad had gone beyond permissible surveillance. A "striking example," she said, with the use of informers to infiltrate the Alliance and the Peace Council. To police informers became members of the Alliance board and another became secretary of the Peace Council. Judge Getzendanner said they had been able to influence the groups' activities.
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